In his Wall Street Journal column William McGurn laments the departure of Title 42 (the provision that allows/requires the Border Patrol to turn asylum seekers away at the border), declaiming:
Ultimately, immigration is the responsibility of Congress, and the dysfunctions now on view daily at our southern border—legal, political, humanitarian—owe themselves to the repeated failure of our legislators to put a responsible immigration infrastructure in place.
But Congress doesn’t really lead. A president does. In his zeal to do the opposite of everything Donald Trump did, President Biden quickly transformed the border into a full-fledged crisis. One example of something he threw out while putting nothing in its place: the remain in Mexico policy, which sent asylum seekers who’d unlawfully entered the U.S. back to Mexico while they waited for their asylum hearings.
But Mr. Biden’s border difficulty isn’t that he can’t get his agenda through. His problem is he has no agenda. The administration’s argument to the Supreme Court was that it wants Title 42 gone—just not yet. The whole thing is a fraud, driven home to the American people every time they hear White House press secretary Karine Jean-Pierre cheerily assert that the border isn’t open when everyone in the world, especially the thousands crossing each day, can see that it is.
concluding:
Still, Mr. Biden styles himself a transformational president. His best shot here would be a bipartisan immigration deal that eluded both his Republican and Democratic predecessors. This would require identifying his priorities (e.g., resolving the legal status of the two million so-called Dreamers, people who were brought here as children), making Republicans an offer they would have a hard time refusing—and then going on to sell it to Congress and the American people.
Mr. Biden, alas, shows little sign he is capable of such presidential leadership. For one thing, he would have to offer Republicans something real. Border security was conspicuously absent from the immigration reform he unveiled at the outset of his term, reducing the proposal to cheap virtue-signaling.
Selling a deal would also challenge Mr. Biden. Recently he’s treated prime-time presidential addresses to the nation as opportunities to take swipes at his predecessor or characterize anyone who disagrees with him as morally defective. But were he for once able to rise above himself, he would win whatever the outcome: Either he would succeed in getting an immigration reform where his predecessors failed, or he would win politically by showing that Republicans are the obstacle to improving security at the border.
However, President Biden has been saved or, at least, granted a reprieve by the Supreme Court as the AP reports:
WASHINGTON (AP) — The Supreme Court is keeping pandemic-era limits on asylum in place for now, dashing hopes of migrants who have been fleeing violence and inequality in Latin America and elsewhere to reach the United States. Tuesday’s ruling preserves a major Trump-era policy that was scheduled to expire under a judge’s order on Dec. 21. The case will be argued in February and a stay imposed last week by Chief Justice John Roberts will remain in place until the justices make a decision. The limits, often known as Title 42 in reference to a 1944 public health law, were put in place under then-President Donald Trump at the beginning of the pandemic, but unwinding it has taken a torturous route through the courts.
That’s practically an ideal outcome for President Biden. He can blame Republicans, blame the Supreme Court, and point out the urgent need to re-elected him so he can appoint more progressive justices even as the limits remain in place which insulates him from accountability for an additional rush at the border had Title 42 been removed.
Despite a national bipartisan consensus on the fate of DACA beneficiaries, immigration law reform remains out of reach for rather simple reasons. Congressional progressives reject any reform which does not include EVERYONE, not just DACA beneficiaries, while Republicans reject anything that could be labeled as “amnesty”. It’s the new law of the excluded middle—the middle is excluded.
Before I leave this subject I wanted to remark on the claim you frequently encounter from Hamiltonians, libertarians, and progressives that we need more immigrants.
Imagine just for the sake of argument that there is a business that has built a successful business by buying quarters at a penny apiece. They can sell them at 20 cents a piece and make a tidy profit. When they can no longer buy quarters for a penny apiece and must actually pay 25 cents for them, it wrecks their business. No one will buy quarters for more than 25 cents apiece.
The problem is not that they need more quarters. Their problem is a flawed business model.
That’s pretty much the situation with fast food, hospitality, and construction. They’ve come to depend on a continuous, reliable flow of unskilled and low-skilled workers. Fast food is the most egregious. Fast food franchises came to prominence in the late 1950s-early 1960s which, coincidentally, was just when the oldest Baby Boomers were coming into the entry level workforce, a phenomenon that was essentially unprecedented. The franchises needed that stream of entry level workers. When our immigration laws were reformed in 1965 it coincidentally kept the spigot of entry level workers opened.
The problem is that what was completely workable for young entry level workers who didn’t expect those jobs to support families is not workable for immigrant workers who do expect to be able to support families. Add that the things on which additional workers depend (healthcare, education, housing, safety, etc.) are the very things whose costs have grown the most over the last 40 years and you have an unsustainable mess. The courts tell us we must provide those things for immigrants regardless of ability to pay, there’s no conceivable way they can pay for them on the wages they earn, and, to raise their wages so they could afford to pay you’d need to raise the prices of what they’re producing beyond the willingness to pay.
Those are the foundations of the impasse at which we find ourselves.